Opinion
Argued November 9, 2000.
December 12, 2000.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Health of the State of New York, dated December 31, 1997, which, after a hearing, sustained a determination of the Department of Social Services of Suffolk County denying medical assistance benefits to the petitioner.
Miller Milone, P.C. Carle Place, N.Y. (Rachel Mallozzi, Christina Milone, and Tammy Lawlor of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondent Barbara A. DeBuono.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, LEO F. McGINITY, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Although the petitioner did not commence this proceeding against the respondent Commissioner of the Department of Health of the State of New York within the applicable four-month Statute of Limitations (see, CPLR 217), the proceeding is nonetheless timely since the "relation back doctrine" of CPLR 203 applies (see, L 1997, ch 436, pt. B § 122[a][2][e]; Ulster Home Care v. Vacco, 268 A.D.2d 59; Austin v. Interfaith Med. Ctr., 264 A.D.2d 702).
However, it is undisputed that the petitioner, without good cause, failed to submit documentation necessary to determine her eligibility for medical benefits. Accordingly, the denial of medical assistance benefits to her is supported by substantial evidence (see, Social Services Law § 366; Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Louis v. Dowling, 216 A.D.2d 396; Matter of Neunie v. Perales, 193 A.D.2d 681; Matter of Chase v. New York State Dept. of Social Serv., 252 A.D.2d 612).